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DR. CHARLES D. MEKWUNYE v. LOTUS CAPITAL LIMITED & ORS

(2018) JELR 38591 (CA)

Court of Appeal  •  CA/L/1349/2016  •  20 Apr 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

TIJJANI ABUBAKAR, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the Ruling of the Federal High Court, sitting in the Lagos Judicial Division delivered by C.M.A. Olatoregun J. on the 18th day of October, 2016 in Suit No: FHC/CS/354/2015 as found at pages 255-264 of the Records of Appeal. The suit was commenced at the lower Court by the Appellant against the Respondents via a Writ of Summons dated the 27th day of March, 2015 and other accompanying processes found at pages 1- 249 of the Records of Appeal. In response, the 1st Respondent filed a Motion on Notice on the 24th April, 2015 found at pages 256-264 of the Records of Appeal seeking to stay proceedings pending reference to and determination of the dispute by arbitration as contained in the agreement binding the parties. The 2nd Respondent filed a Motion on Notice alongside its Statement of Defence dated 10th June, 2015 contained at pages 355-376 of the Records of Appeal seeking an order to strike out the suit fo…

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